Legal Opinion

Eric Darden v. City of Fort Worth, Texas

Court of Appeals for the Fifth Circuit

Decided January 24, 2018No. 16-11244PublishedCited by 273 opinions

1Opinion of the Court

EDWARD C. PRADO, Circuit Judge:

Treating Defendants-Appellees’ petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is DENIED. The petition for rehearing en banc is also DENIED. The prior opinion, Darden v. City of Fort Worth, Tex., 866 F.3d 698 (5th Cir. 2017), is withdrawn, and the following opinion is substituted:

Fort Worth Police Officers W.F. Snow and Javier Romero arrested Jermaine Darden, a black man who was obese, while executing a no-knock warrant at a private residence. In arresting Darden, -the officers allegedly threw him to the ground,…

2Cases cited38 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Scott v. HarrisSupreme Court of the United States · 2007
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by273 opinions

  1. Katie Joseph v. John DoeCourt of Appeals for the Fifth Circuit · 2020
  2. Constance Westfall v. Jose LunaCourt of Appeals for the Fifth Circuit · 2018
  3. Hutcheson v. Dallas County, TXCourt of Appeals for the Fifth Circuit · 2021
  4. Pearlie Gambrel v. Knox Cnty., Ky.Court of Appeals for the Sixth Circuit · 2022
  5. Aguirre v. City of San AntonioCourt of Appeals for the Fifth Circuit · 2021

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